Sarasota Pedestrian Accident Lawyers

Pedestrian accidents often cause serious injuries.

The number of fatal pedestrian accidents has increased by over 80% since 2009. For one thing, more pedestrians are out and about. Many people walk for exercise, to get around, or to get out. Additionally, today’s cars and trucks are much larger and faster than they were 15 or 20 years ago. Especially when these drivers are speeding, pedestrians have little chance of surviving a collision. More on that below.

Long before 2009, the experienced Sarasota pedestrian accident lawyers at Carman & Finegan, P.A. began helping these victims obtain maximum compensation for their serious injuries. Over the years, we have developed proven methods that have obtained life-changing results for our clients in the past. We are very confident that these same methods will help us obtain the same results in your case.

Evaluating a Case

Over 95% of civil cases are settled out of court. So, in most cases, the first order of business for a Sarasota pedestrian accident lawyer is to determine a claim’s settlement value. This figure, which is like the asking price for a house, combines legal, evidence, and other factors.

Most pedestrian accidents happen outside marked crosswalks when the pedestrian is jaywalking. Although these victims are technically on the wrong side of the law, they are usually entitled to compensation.

The duty of care, which applies to most drivers, requires them to avoid accidents if possible, no matter what another person does or does not do. If tortfeasors (negligent drivers) see jaywalking pedestrians, they must avoid these hazards if possible, just like they must avoid large potholes and stalled cars.

In these instances, the court could reduce the amount of compensation the victim receives. Evidence is critical to obtaining maximum compensation. Evidence in a pedestrian accident case usually includes the police accident report, medical bills, and witness statements. Sometimes, this evidence is incomplete or biased.

The police report is a good example. If the victim died, which is a common outcome in serious pedestrian accident cases, the reporting officer only heard one side of the story.

Electronic evidence, like a vehicle’s Event Data Recorder, often supplements weak evidence. EDRs measure and record vehicle speed and other items. For example, a Sarasota pedestrian accident lawyer can use an EDR to prove the tortfeasor did not slow down prior to the collision.

The settlement value must also account for intangible factors. Some victims want to settle their claims quickly. If that’s the case, the settlement value is generally lower. The insurance company’s identity matters as well. Some companies fight injury claims tooth and nail, while others fold faster than Superman on laundry day.

Resolving a Case

Informal settlement negotiations usually begin once medical treatment is at least substantially complete. If cases are settled earlier, the settlement amounts may not reflect all possible future medical expenses. If that happens, the victim is typically financially responsible for them.

As mentioned, some insurance companies are willing to settle, and talks end rather quickly. But in most cases, informal talks either stall or break down, mostly because the insurance company is stingy.

So, the judge usually appoints a mediator. This professional oversees settlement negotiations and ensures that both sides negotiate in good faith. “My way or the highway” is not a good-faith negotiating position. Mostly because of the good faith negotiation duty, mediation is about 90 percent successful in Florida.

Connect With a Dedicated Sarasota County Pedestrian Accident Attorney

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced pedestrian accident lawyer in Sarasota, contact Carman & Finegan, P.A. Virtual, home, and hospital visits are available.